Saravanakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Saravanakumar ... Petitioner / Accused No.1

Versus

The Inspector of Police, All Women Police Station, Samayanallur, Madurai District.

(Crime No.14 of 2024) ... Respondent For Petitioner :

Mr.R.Alagumani, Advocate.

For Respondent :

Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.14 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.14 of 2024 for the offence under Sections 417, 376, 406, 294(b) and 506(i) IPC and Section 4 of the Tamilnadu Prohibition of Harassment of Women Act and remanded 1/4

him into judicial custody on 24.03.2024. Therefore, the petitioner has filed this petition seeking bail.

2. The petitioner herein is arrayed as A1. The defacto complainant, a widow, has lodged a complaint that the petitioner had a relationship with her and through him, she gave birth to a female child and now, he is refusing to marry her. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner did not have any sexual relationship with the defacto complainant and in order to coerce the petitioner to marry her, this case has been foisted. However, the petitioner is languishing in jail from 24.03.2024.

4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the investigation is yet to be completed.

5. Considering the nature of offence and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail i) on the petitioner executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for 2/4

a like sum to the satisfaction of the learned Judicial Magistrate, Vadipatti.

ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;

iii) The petitioner shall appear before the respondent police as and when required for interrogation. He has to co-operate for the investigation.

iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well. v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.

sd/- 23/04/2024 / TRUE COPY / 23/04/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY 3/4

To 1.The Judicial Magistrate, Vadipatti.

2.Do through the Chief Judicial Magistrate, Madurai Bench of Madras High Court, Madurai.

3.The Inspector of Police, All Women Police Station, Samayanallur, Madurai District.

4.The Superintendent, Central Prison, Madurai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.DR.R.ALAGUMANI, Advocate ( SR-4744[I] dated 23/04/2024 )

ORDER

IN CRL OP(MD) No.6232 of 2024 Date :23/04/2024 ED/ /SAR- (23/04/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4